U.S. District Judge Clark Waddoups ruled that government prosecutors violated the Speedy Trial Act and engaged in a "pattern of widespread and continuous misconduct" in prosecuting Koerber.

Waddoups found "most egregiously" that prosecutors violated Koerber's due process rights with their "tactic of illegally planning and conducting impermissible" interviews with him in February 2009, even though he had an attorney at the time. The judge earlier tossed out any evidence the government obtained in the interviews.

Koerber's attorney Marcus Mumford said he was pleased with the judge's ruling.

Waddoups dismissed the case with prejudice, meaning prosecutors can't refile the charges. The government can appeal the ruling to the 10th Circuit Court of Appeals.

Prosecutors charged Koerber in May 2009 with mail fraud, wire fraud, fraud in the offer and sale of securities, sale of unregistered securities, money laundering and tax evasion. The charges stemmed from an investment scheme they say Koerber operated from 2004 through 2008 that led to the loss of $100 million in investors' money.

Popular Comments

I've been closely following the Koerber story over the past 4-5 years.
This guy has been publicly humiliated in article after article. He was the face
of Ponzi scheme evil and shamed in the press. I have to admit, I thought that
being
More..

6:45 p.m. Aug. 14, 2014

Top comment

1Observer

Cottonwood Heights, UT

Just one more in a long list of Waddoups' rulings that are pro-criminal and
anti-government. He's personally keeping the 10th Circuit in business.
Hopefully the victims will get justice on appeal.

6:16 a.m. Aug. 15, 2014

Top comment

Alpiner

Alpine, UT

This guy is my neighbor. It is too bad that the government screwed up their
investigation because everyone who knows him knows he is guilty. How about an
article about how Shurtleff wouldn't investigate him and the Feds were the
ones who did?

Dennis Romboy is a reporter for Deseret News where for the past 20 years he has covered a variety of beats including state and local government, human services and the 2002 Olympics. He spent six years as a special more ..